San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney

San Diego Military Protective Order Lawyer

If you or a loved one are currently serving on active duty and are under investigation for reports of domestic violence or child abuse on base, the service member will face conditions on liberty. In the armed forces, conditions on liberty come in the form of a military protective order. Military protective orders are legal orders issued upon the request of one party and at the discretion of the service member’s command. The problem is that hearings are not held to determine the validity of the request, leaving service members vulnerable to baseless claims. Do not let this happen to you! Call Monder Law Group today at (619)-405-0063.Experienced military criminal defense attorney Vik Monder will have his team of experts ready to conduct their own investigation to ensure that you are not another victim of a baseless military protective order.

Purpose Behind Military Protective Orders

Military protective orders exist to safeguard the victim during the investigation process and maintain discipline by controlling the service member’s conduct. In other words, military protective orders serve to direct a service member of military administrative separation what to do and what not to do until charges are filed. The unit commander will determine the terms of the military protective order based on the specific needs of the victim.

Who can request a MPO?

Alleged Victim

Law Enforcement

Family Advocacy Program Clinician

Victim’s Advocate

What can a MPO mandate?

Service member be removed from base housing

Restrict service member’s access on base

Prohibit communication with the protected person either directly or through a 3rd party

Service member maintain certain distance from the protected person

Service member stay away from immediate family members of the protected person

Service member surrender government issued weapons custody card

MPO: Command’s Burden of Proof

The unit commander is responsible for reviewing the victim’s allegations and deciding whether or not to impose conditions on liberty against a service member. Reasonable belief is the subjective standard the unit commander is held to in making the determination.

To issue a military protective order, the unit commander must have a reasonable belief that:

The service member committed an offense;

The offense is triable by court-martial;

The terms of the MPO are required by the circumstances.

The set back with this subjective standard is that in an effort to protect the alleged victim, oftentimes bare allegations are accepted as facts. In the process, baseless military protective orders are issued against service members who become the real victims. criminal lawyer Vik Monder will not stand for this, he will fight zealously to hold unit commanders accountable and get them to focus on the facts! Bare allegations are not reasonably trustworthy facts and cannot be allowed to determine military protective orders.

Enforcing Military Protective Orders

Military protective orders are issued in writing on a DD Form 2873 by the service member’s command. Once the command issues a military protective order against the service member, the order will remain in effect until the command terminates the order or issues a replacement. It is important to note that military protective orders are generally only enforceable for the time period that the service member is attached to the command who issued the order. However, the protected person is able to request a replacement if the service member were to transfer to a new command.

Who gets a copy of the DD Form 2873?

Protected Person within 24 hours of issuance

Family Advocacy Program Manager

Military Police

Social Worker

Command

What is DOD’s policy for replacing a MPO?

The issuing command must contact the new command

Inform the new command of the existence of the MPO

Advise the new command of the terms of the MPO

Recommend the new command issue a new MPO

Violations of Military Protective Orders

Military protective orders serve as direct orders that remain in effect while the service member is attached to the issuing command. If the service member were to violate any of the terms set forth in the military protective order, the violation will be reported on DA Form 3967 and entered into COPS and NCIC. Essentially, failure to comply with the terms of a military protective order will be disciplined in the same manner as disobeying a direct order.

Understanding Uniform Code of Military Justice Article 92

If a service member violates a military protective order, he or she will be subject to punishment under Article 92 for failure to obey an order. Pursuant to UCMJ Article 92, "any person who violates or fails to obey any lawful general order or regulation; having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or is derelict in the performance of his duties; shall be punished a court-martial may direct.”

Basically, to convict someone of Article 92 for violation of a military protective order, the court-martial must prove each of the following elements:

The service member’s command issued a certain lawful order;

The service member had knowledge of the order;

The service member had a duty to obey the order; and

The service member failed to obey the order.

What are the penalties for violating a MPO?

Heavy Fines

Dock of Pay

Incarceration

NJP

Commission

Court-Martial Proceedings

Dishonorable Discharge

Best Defense

Military protective orders are intrusive and threaten every aspect of a service member’s life. With a single order you could lose your liberty, family, and career. Attorney Vik Monder understands very well what is at stake and will use his extensive knowledge of the military legal system and workers comp fraud to aggressively defend your interests. He has experience communicating with the different commands and will exhaust every legal avenue to remove the conditions on your liberty. Do not risk everything that you have worked so hard to build, contact Monder Law Group today.

Contact San Diego Military Protective Order Defense Attorney Vik Monder for a FREE consultation today at:619-405-0063

You have the right to remain silent and refuse to answer questions. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.

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You have the right to remain silent and refuse to answer questions. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.